PRINTER'S NO. 1731
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1248
Session of
2024
INTRODUCED BY COSTA, JUNE 12, 2024
REFERRED TO EDUCATION, JUNE 12, 2024
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for institutions of higher
6 education.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding an
11 article to read:
12 ARTICLE XX-L
13 INSTITUTIONS OF HIGHER EDUCATION
14 SUBARTICLE A
15 PRELIMINARY PROVISIONS
16 Section 2001-L. Definitions.
17 The following words and phrases when used in this article
18 shall have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Agency." The Pennsylvania Higher Education Assistance
 1 Agency.
2 "Board." The State Board of Higher Education established
3 under section 2010-L.
4 "Community college." An institution created under Article
5 XIX-A or the act of August 24, 1963 (P.L.1132, No.484), known as
6 the Community College Act of 1963.
7 "Department." The Department of Education of the
8 Commonwealth.
9 "Financial aid." Funding to help a student pay for
10 postsecondary education, including grants, work study, loans and
11 scholarships.
12 "Grant program." The Pennsylvania Tuition Assistance Grant
13 Program established under section 2040-L.
14 "High-priority occupation." An occupation identified by the
15 Department of Labor and Industry under the act of December 18,
16 2001 (P.L.949, No.114), known as the Workforce Development Act.
17 "Higher Education Scholarship Law." The act of January 25,
18 1966 (1965 P.L.1546, No.541), referred to as the Higher
19 Education Scholarship Law.
20 "Independent institution of higher education." An
21 institution of higher education which is operated not for
22 profit, located in and incorporated or chartered by the
23 Commonwealth and entitled to confer degrees as specified in 24
24 Pa.C.S. § 6505 (relating to power to confer degrees) and to
25 apply to itself the designation "college" or "university" as
26 provided for by the standards and qualifications prescribed by
27 the State Board of Education under 24 Pa.C.S. Ch. 65 (relating
28 to private colleges, universities and seminaries).
29 "Institution of higher education." As defined in section
30 1501-L.
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 1 "Institutional aid." Financial aid offered to an eligible
2 student directly by an institution of higher education,
3 including merit aid, gift aid and athletic awards.
4 "Pell Grant." The Federal Pell Grant or any successor
5 program.
6 "Pennsylvania State grant." A grant or scholarship awarded
7 under the Higher Education Scholarship Law.
8 "Private scholarship." Financial aid awards funded by
9 entities other than the Federal or State Government, including
10 awards by companies, service groups, foundations, organizations
11 and individuals.
12 "Program." The State-Related University Grant Program
13 established under section 2032-L.
14 "Public institution of higher education." A State-owned
15 university, community college or State-related university.
16 "State-owned university." An institution which is part of
17 the State System of Higher Education under Article XX-A.
18 "State-related university." The Pennsylvania State
19 University, the University of Pittsburgh, Temple University,
20 Lincoln University and the Pennsylvania College of Technology.
21 "State System of Higher Education." The system established
22 under Article XX-A.
23 Section 2002-L. Findings and purpose.
24 The General Assembly finds and declares as follows:
25 (1) Pennsylvanians deserve the freedom to chart their
26 own course and the opportunity to succeed by entering the
27 workforce or pursuing higher education.
28 (2) Accessible, affordable higher education is a
29 critical component to prepare our workforce and serve as the
30 foundation of Pennsylvania's economic success.
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 1 (3) For decades, Pennsylvania has not prioritized
2 investment in its higher education sector, leaving the
3 financial burden of higher education on institutions and
4 students.
5 (4) The lack of Statewide coordination or a strategic
6 vision aligned to the needs of Pennsylvanians has led to too
7 much competition and duplication in some parts of the
8 Commonwealth, and too little access to postsecondary
9 education in others.
10 (5) The establishment of the State Board of Higher
11 Education will provide leadership and coordination for the
12 Commonwealth's higher education system, institutions and
13 governing boards to achieve excellence for postsecondary
14 education through the efficient and effective utilization and
15 concentration of all available resources. The board shall
16 ensure that Pennsylvania is producing the postsecondary
17 credentials and degrees needed to address current and future
18 workforce gaps.
19 (6) Funding to public institutions of higher education
20 via predictable, transparent and outcomes-focused formulas
21 established in this article will align State dollars with the
22 needs of this Commonwealth.
23 (7) The grant program and the Pennsylvania State grant
24 supplement established in this article will put this
25 Commonwealth on a path to prosperity by ensuring that
26 students have an affordable pathway to a high-quality college
27 credential or degree.
28 SUBARTICLE B
29 COORDINATION OF HIGHER EDUCATION
30 Section 2010-L. State Board of Higher Education.
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 1 (a) Establishment.--The State Board of Higher Education is
2 established within the department.
3 (b) Purpose.--The purpose of the board is to provide
4 direction, coordination and support to ensure that institutions
5 of higher education fully meet the workforce and economic
6 development needs of this Commonwealth and ensure that all
7 residents of this Commonwealth have access to affordable, world-
8 class postsecondary education.
9 (c) Membership and appointment.--The board shall consist of
10 15 voting members. In making appointments to the board, the
11 Governor shall ensure that the appointee is a Pennsylvania
12 resident and has the background and experience suitable for
13 performing the statutory responsibility of a member of the
14 board. Membership of the board shall be as follows:
15 (1) The Secretary of Education or a designee who shall
16 be an employee of the department.
17 (2) The Secretary of Labor and Industry or a designee
18 who shall be an employee of the Department of Labor and
19 Industry.
20 (3) One member of the Senate appointed by the President
21 pro tempore of the Senate or a designee who shall be an
22 employee of the Senate.
23 (4) One member of the Senate appointed by the Minority
24 Leader of the Senate or a designee who shall be an employee
25 of the Senate.
26 (5) One member of the House of Representatives appointed
27 by the Speaker of the House of Representatives or a designee
28 who shall be an employee of the House of Representatives.
29 (6) One member of the House of Representatives appointed
30 by the Minority Leader of the House of Representatives or a
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 1 designee who shall be an employee of the House of
2 Representatives.
3 (7) Nine members shall be appointed by the Governor as
4 follows:
5 (i) One representative of a State-owned university,
6 including a president, administrator or local trustee.
7 (ii) One representative of a community college,
8 including a president, administrator or board member.
9 (iii) One representative of an independent
10 institution of higher education, including a president,
11 administrator or board member.
12 (iv) One representative of a State-related
13 university, including a president, administrator or local
14 trustee.
15 (v) One representative of a historically black
16 college and university, including a president,
17 administrator or board member.
18 (vi) One representative of a union representing
19 employees at public institutions of higher education.
20 (vii) One representative of business.
21 (viii) Two students who attend an institution of
22 higher education.
23 (d) Term.--The term of office of appointed members under
24 subsection (c)(7)(i), (ii), (iii), (iv), (v), (vi) and (vii)
25 shall be for a period of six years or until a successor is
26 appointed and qualified, except that, of the initial appointees,
27 the Governor shall designate two members to serve terms of two
28 years, two members to serve terms of four years and three
29 members to serve terms of six years. The Secretary of Education
30 and the Secretary of Labor and Industry shall serve as long as
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 1 they continue in office. Members of the board appointed by the
2 General Assembly shall serve a term of office concurrent with
3 their respective elective terms as members of the General
4 Assembly. A student's term shall be for a period of two years or
5 upon graduation, separation or failure to maintain good academic
6 standing at the institution of higher education in which the
7 student is enrolled.
8 (e) Organization.--The Governor shall designate a chair and
9 vice chair of the board. The members shall select from among
10 themselves such officers as they deem necessary.
11 (f) Quorum and meetings.--
12 (1) A majority of members shall constitute a quorum for
13 the transaction of any business.
14 (2) The board shall meet to conduct official business no
15 less than once every three months or by the call of the
16 chair.
17 (g) Expenses.--Members shall receive no compensation for
18 their services but shall be reimbursed for the expenses
19 necessarily incurred by them in the performance of their duties.
20 (h) Initial appointment and vacancies.--An appointing
21 authority shall appoint members to the board within 30 days of
22 the establishment of the board. If a vacancy occurs on the
23 board, the appointing authority shall appoint a successor member
24 within 30 days of the vacancy.
25 (i) Removal of board members.--An appointed member who fails
26 to attend three consecutive board meetings shall forfeit their
27 membership on the board, unless the chair, upon written request
28 from the member, determines that the member should be excused
29 from a meeting or meetings for good cause.
30 (j) Administrative services and staff.--
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 1 (1) The board shall select an individual to serve as the
2 executive director to advise the board on the formulation of
3 the board's policies, oversee the implementation of the
4 board's policies and responsibilities and supervise the
5 board's development of the higher education strategic plan,
6 the collection and analysis of data, the development of
7 policy recommendations and the production of annual reports
8 and other activities.
9 (2) The department shall, in consultation with the
10 executive director, provide administrative services and
11 additional staff to the board. The board shall be entitled to
12 legal counsel as designated by the Office of General Counsel.
13 (k) Applicability.--The following acts shall apply to the
14 board:
15 (1) The act of July 19, 1957 (P.L.1017, No.451), known
16 as the State Adverse Interest Act.
17 (2) The act of February 14, 2008 (P.L.6, No.3), known as
18 the Right-to-Know Law.
19 (3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
20 open meetings) and 11 (relating to ethics standards and
21 financial disclosure).
22 Section 2011-L. Powers and duties of State Board of Higher
23 Education.
24 (a) General rule.--The board is charged with the duty to
25 take an active part in promoting quality, accessible and
26 affordable postsecondary education throughout this Commonwealth
27 by:
28 (1) Providing planning and policy leadership, including
29 setting the Commonwealth's higher education policy agenda.
30 (2) Developing and advancing the higher education policy
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 1 agenda of the Commonwealth to address the challenges facing
2 Pennsylvania.
3 (3) Developing public consensus and awareness for the
4 Commonwealth's higher education policy agenda.
5 (b) General powers.--The board shall have and may exercise
6 all powers appropriate to carry out and effectuate the board's
7 purposes under this article, including, but not limited to:
8 (1) Adopt bylaws, if necessary.
9 (2) Make and execute contracts, grants and other
10 instruments.
11 (3) Apply for and receive money from any source
12 consistent with the purposes of this article.
13 (4) Establish subcommittees composed of members of the
14 board as the chair or board deems necessary.
15 (5) Establish advisory committees composed of nonmembers
16 of the board to consult with and advise the board.
17 (6) Hold public hearings, solicit public comment and
18 seek stakeholder input on the direction of higher education
19 in this Commonwealth.
20 (7) Perform other operational activities necessary or
21 appropriate to further the purposes of this article.
22 (c) Duties.--The board shall perform all duties appropriate
23 to carry out and effectuate the board's purposes under this
24 article, including, but not limited to:
25 (1) Develop and implement a higher education strategic
26 plan.
27 (2) Develop policy recommendations, including:
28 (i) Recommendations related to the alignment to the
29 higher education strategic plan that promote greater
30 postsecondary access, quality, affordability and
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 1 accountability.
2 (ii) Recommendations related to tuition and fees at
3 public institutions of higher education.
4 (iii) Recommendations related to new programs at
5 institutions of higher education to assist in avoiding
6 duplication and aligning to workforce needs.
7 (iv) Recommendations related to financial aid
8 policies of the Commonwealth.
9 (v) Recommendations related to the efficient and
10 effective use of State money for higher education.
11 (vi) Recommendations related to private licensed
12 schools, including recommended updates to the act of
13 December 15, 1986 (P.L.1585, No.174), known as the
14 Private Licensed Schools Act.
15 (3) Create a comprehensive data system for the
16 collection and analysis of postsecondary data to inform
17 policy recommendations and regularly assess progress against
18 strategic plan goals and performance against key outcomes.
19 The following apply:
20 (i) The board may require institutions of higher
21 education to report data for the purposes of this
22 paragraph in a form and manner prescribed by the board.
23 (ii) The provisions of section 118 shall not apply
24 to data collected under this paragraph.
25 (4) Facilitate the coordination and cooperation of
26 institutions of higher education to:
27 (i) Ensure broad access to high quality and
28 affordable postsecondary credentials and degrees.
29 (ii) Ensure the seamless transfer of credits and
30 credentials.
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 1 (iii) Utilize dual enrollment and credit to create
2 strong pathways to postsecondary education and reduce
3 time to degree.
4 (iv) Increase postsecondary credential attainment.
5 (v) Meet the economic and workforce